The eight former DEA heads fear that the states’ marijuana laws
will instigate a “domino effect”, causing other states to pass
their own laws legalizing the recreational use of certain drugs.
Since marijuana is illegal under federal law, the former DEA
administrators believe Obama should sue states to force them to
annul the legislation.

“My fear is that the Justice Department will do what they are
doing now: do nothing and say nothing,” Peter Bensinger, a
former DEA administrator, told AP. “If they don’t act now, these
laws will be fully implemented in a matter of months.”

Colorado and Washington passed a voters’ initiative to legalize
recreational use of marijuana. Revenue from the drug sales will go
to education, healthcare, research and substance abuse prevention.
Marijuana will be sold under a tightly regulated system, similar to
that of alcohol. Washington state officials have already created a
timetable of distributing marijuana producer licenses by
August.

“The voters have spoken and we have to respect their
will,” Colorado Gov. John Hickenlooper said after the November
election. “This will be a complicated process, but we intend to
follow through. That said, federal law still says marijuana is an
illegal drug so don’t break out the Cheetos or gold fish too
quickly.”

The Department of Justice if currently still reviewing the
states’ laws, which the former DEA heads hope to influence with a
statement to be released Tuesday by the national lobbying group,
Save Our Society from Drugs.

US Attorney General Eric Holder is scheduled to speak before a
US Senate judiciary committee hearing on Wednesday, where he will
likely be questioned about the extrajudicial killing program. But
the former DEA administrators are urging senators to also question
him on the legalization of marijuana.

“It is outrageous that a lawsuit [against the states] hasn’t
been filed in federal court yet,” said Bensinger, who called
the issue a ‘no-brainer’.

But the legalization issue has two sides, with advocates
claiming that criminalization of marijuana creates unintended
social problems. The DEA has also come under scrutiny for focusing
too much on drug operations from which it can seize the most money,
which is usually marijuana trafficking. An undercover DEA
investigation that began in 2010 supplied the agency with $186
million in cash and other assets from Mexican drug traffickers.

But the group of DEAs have so far opposed the state drug laws
out of fear that the contradiction with federal laws could make
things complicated.

“And there is a bigger danger that touches every one of
us,” Bensinger said in a teleconference call before the
November elections, “In states that have legalized medical
marijuana, drug driving arrests, accidents, and drug overdose
deaths have skyrocketed. Drug treatment admissions are up and the
number of teens using this gateway drug is up
dramatically.”

With the will of the majority contradicting the will of the DEA,
Holder's review will lead him to soon make a statement about the
future of state drug laws that contradict those of the federal
government.